HomeMy WebLinkAboutReso 34-23 Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118
Reso. No. 34-23, Item 4.2, Adopted 05/02/2023 Page 1 of 2
RESOLUTION NO. 34 – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH MNS ENGINEERS, INC. FOR
THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118
WHEREAS, on March 2, 2021, the City Council adopted Resolution No. 18-21 approving
an Agreement with MNS Engineers, Inc. (Consultant) for Construction Administration, Inspection
and Material Testing for the Iron Horse Trail Bridge at Dublin Boulevard Project (Project); and
WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding
construction of the Project to Goodfellow Sequoia A JV and construction has proceeded; and
WHEREAS, on March 3, 2023, the City Manager approved Amendment #1 to the
Agreement with Consultant, extending the term of the Agreement to August 31, 2023; and
WHEREAS, it has been determined that additional time will be required for the Project due
to extended project design development, weather impacts, and coordination with the adjacent
Scarlett Drive extension project and the Don Biddle Community Park project; and
WHEREAS, the City of Dublin desires to extend the term of the Agreement through the
Project post-construction phase, including the one year warranty period following completion of
construction and acceptance of the project; and
WHEREAS, the Consultant’s services through the extended Agreement term and the
Project post-construction phase are estimated to cost $375,000, which can be covered by the
existing Project budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the amendment to the agreement with MNS Engineers, Inc. attached hereto as
Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent
of this Resolution.
{Signatures on the following page}
Reso. No. 34-23, Item 4.2, Adopted 05/02/2023 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, by the following vote:
AYES: Councilmembers Hu, Josey, Qaadri and Mayor Hernandez
NOES:
ABSENT: Vice Mayor McCorriston
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Page 1 of 3
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MNS ENGINEERS, INC.
WHEREAS, on March 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and MNS Engineers, Inc. (hereinafter referred to as ("CONSULTANT") entered into a
Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard (hereinafter
referred to as the “AGREEMENT”); and
WHEREAS, on March 3, 2023, the City Manager approved Amendment No. 1
to the Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard Project;
and
WHEREAS, the existing AGREEMENT will expire on August 31, 2023 and the
not to exceed compensation amount is $950,000.00; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to extend the term through December 31, 2024, by modifying section 1.1 of the Agreement;
and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to increase the not to exceed compensation amount to $1,325,000.00 by modifying section 2
of the Agreement; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement
to update the project schedule by modifying Exhibit B; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on December 31, 2024, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A on or before that date, unless
the term of the Agreement is otherwise terminated or extended, as provided for in
Section 8. The time provided to Consultant to complete the services required by this
Agreement shall not affect the City's right to terminate the Agreement, as referenced
in Section 8. Notwithstanding the foregoing this Agreement may be extended on a
month to month basis for up to 6 months upon the written consent of the Consultant
and the City Manager, provided that: a) sufficient funds have been appropriated for
such purchase, b) the price charged by the Consultant for the provision of the serves
described in Exhibit A does not increase. None of the foregoing shall affect the City's
right to terminate the Agreement as provided for in Section 8.
2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and
replaced with the following:
Exhibit A
Page 2 of 3
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,325,000.00 notwithstanding any contrary indications that may be contained
in the Consultant’s proposal, for services to be performed and reimbursable costs
incurred under his Agreement. In the event of a conflict between this Agreement and
the Consultant’s proposal, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at
the time and in the manner set forth herein. Consultant shall submit all invoices to City
in the manner specified herein. Except as specifically authorized by City, Consultant
shall not bill City for duplicate services performed by more than one person.
3) Exhibit B, the project schedule shall be rescinded in its entirety and replaced, attached
hereto and incorporated herein as Exhibit B.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 3 of 3
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN MNS Engineers, Inc.
By: _____________________________ By: _____________________________
Linda Smith, City Manager Greg Chelini, Vice President
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Pre-Construction 70,041.50$
Constructability Review
Advert, Bid, Award
Construction 976,710.00$
Submittals
On-Site Construction
Project Closeout 47,020.00$
Role Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Construction Manager 18 8 2 22 20 2 0 19 34 44 24 14 207 232.00 48,024.00$
Contract Manager/Technical Support 0 232.00 -$
Utility Location 2 1.5 1.5 5 145.00 725.00$
Construction Inspector 32 8 10 25 10.5 5 0 22 12 3 127.5 167.00 21,292.50$
0 0 50 16 14 47 31 7 0 41 46 47 24 14 0 0 0 0 0 0 0 0 0 0 1.5 2 0 0 0 0 0 0 0 0 0 0 339.5 70,041.50$
Construction Manager 47 112 148 172 126 136 136 132 144 112 128 97 120 120 120 120 80 80 2130 232.00 494,160.00$
Construction Inspector 76 85 162 141.5 149 140 139.5 136.5 129 135.5 136.5 140 140 140 140 140 140 2270.5 158.00 358,739.00$
Office Engineer 1.5 14.5 32 32 32 32 36 36 33 44 41 55 20 48 48 48 48 48 48 697 155.00 108,035.00$
Scheduler 13 1.5 2.5 4.5 2 4 3 7 2.5 2 2 4 4 4 4 4 4 68 232.00 15,776.00$
0 0 0 0 0 0 0 0 0 0 0 0 0 2 62 233 267 369 304 323 316 308 332 285 321 256 312 312 312 312 272 272 0 0 0 0 5165.5 976,710.00$
Construction Manager 40 40 232.00 9,280.00$
Construction Inspector 80 40 40 160 158.00 25,280.00$
Office Engineer 40 10 10 60 155.00 9,300.00$
Optional Warranty Inspection 20 158.00 3,160.00$
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 40 40 0 280 47,020.00$
0 0 50 16 14 47 31 7 0 41 46 47 24 16 62 233 267 369 304 323 316 308 332 285 322 257 312 312 312 312 272 272 120 40 40 0 5785 1,093,771.50$
Total Labor $1,093,771.50
$1,093,771.50
15,593.71$
15,593.71$
Materials Testing/Special Inspection 55,000.00$
Source Inspection 36,602.00$
Hand Rail Weld Inspection 10,000.00$
CIDH Pile Testing 12,430.00$
114,032.00$
Sub Consultant & Direct Expense Mark-Up $6,481.29
$1,229,878.50
STAFF AUTHORIZED OPTION (Steel Bridge / Welding Source Inspection)
Source Inspection 90,000.00$
90,000.00$
Sub Consultant & Direct Expense Mark-Up $5,121.50
$95,121.50
CONTRACT TOTAL, Base Contract + Staff Authorized Option $1,325,000.00
Original Contract = $950,000.00
$375,000.00
Notes:
1. Assumes 160 hours per month based upon 8 hour working days with no overtime. (except for June 2023 during bridge setting and deck pours) Inspector overtime (if any) will be billed at 1.5X
2. Based upon a construction NTP of March 2022 and a construction contract duration of 350 working days
3. Steel bridge will be a prefabricated bridge
4. Steel bridge submittal and Welding Quality Control Plan (WQCP) will be approved within 50 working days of NTP and fabrication completed within 180 working days after submittal approval.
5. Prevailing Wage (PW) rates subject to PW adjustments.
6. Direct costs and subconsultants to be billed at cost plus 5%
Source Inspection / Welding / Steel Bridge Assumptions:
7. AWS D1.1 / AWS D1.5 welding standards will be used
8. Assumes quality assurance audits of representative fracture critical welding under AWS D1.5 will be sufficient
9. Bolted connections will be used for vertical splices for top section of arch bridge
10. Assumes out-of-state quality assurance source inspection / audits can be completed for steel bridge fabrication in 42 working days within the 180 working day fabrication duration and minimal non-conformance issues.
11. Assumes no travel to out-of-state fabricator to witness Procedure Qualification Records (PQRs). Also assumes pre-fabrication meetings will be held via teleconference.
12. Source Inspection of "Other Materials" assumes 1 trip out-of-state for each item listed (i.e. anchor bolts, hoops, etc.)
13. Prefabricated steel truss manufacturer must hold AISC shop certification per SSP 55-2.01D(2)(b). The AISC shop certification includes quality control and certification requirements.
Project Schedule
TOTAL COST
PHASE
20232021
TOTAL
HOURS
PHASE
2022
HOURLY
RATE 2022
Staff
STAFF AUTHORIZED OPTION TOTAL
20232021
Perry Hendricks
Tom Loomis, P.E.
PROJECT CLOSEOUT
DIRECT EXPENSES SUB-TOTAL
SUB CONSULTANTS SUB-TOTAL
BASE CONTRACT TOTAL
Miscellaneous
SUBCONSULTANTS SUB-TOTAL
BSK
Materials Subconsutants
Alta Vista Solutions
Construction Administration, Inspection, and Material Testing
Iron Horse Trail Bridge at Dublin Boulevard
Perry Hendricks
CONSTRUCTION MANAGEMENT SUB-TOTAL
PRE-CONSTRUCTION SUB-TOTAL
CONSTRUCTION
PRE-CONSTRUCTION
Tom Loomis, P.E.
Thomas Fresquez, P. E.
Marie Dunne
Nathan Norwood
Said Najafi
Chris McDermott, P. E.
*Summer 2024
Tom Loomis, P.E.
PROJECT CLOSEOUT SUB-TOTAL
TOTAL
Marie Dunne
Perry Hendricks
Direct Expenses
Alta Vista Solutions
ABE
Alta Vista Solutions
EXHIBIT B